1. THE ROLE OF INGOS AND SOCIAL PARTNERS IN THE COLLECTIVE COMPLAINTS PROCEDURE UNDER THE EUROPEAN SOCIAL CHARTER Sheila Hirschinger, Coordinator of MISSCEO, Council of Europe
18/11/2018

2. Outline of the presentation
Role of INGOs/social partners
in the collective complaints procedure
Outline of the presentation
Collective complaints procedure – overview
Seminar on the collective complaints procedure, Belgrade, Serbia, 25 October 2016: the role of international and national non-governmental organisations and social partners in the procedure
Conclusion: Strengthening stability, growth and democracy through the collective complaints procedure

3. Collective complaints procedure – overview (1)
Role of INGOs/social partners
in the collective complaints procedure
Collective complaints procedure – overview (1)
Additional Protocol to the European Social Charter providing for a system of collective complaints: entry into force 1998
Aim – to improve the enforcement of social rights guaranteed by the Charter. It strengthens the role of international non-governmental organisations (INGOs) and social partners, enabling them to apply to the European Committee of Social Rights (ECSR) for rulings on unsatisfactory implementation of the Charter
Currently accepted by 15 States

4. Who can lodge a complaint of violation of the Charter?
Role of INGOs/social partners
in the collective complaints procedure
Collective complaints procedure – overview (2)
Who can lodge a complaint of violation of the Charter?
INGOs that have participatory status with the Council of Europe’s Conference of INGOs and entitled to submit collective complaints
European social partners (ETUC, Business Europe and OIE)
Social partners in the country concerned
National NGOs in States which have declared acceptance (Finland)

5. Collective complaints procedure – overview (3)
Role of INGOs/social partners
in the collective complaints procedure
Collective complaints procedure – overview (3)
What steps are taken when a complaint is lodged?
Complaints must meet the admissibility conditions and criteria. The ECSR appoints a Rapporteur Decision on admissibility
If admissible, the respondent state makes written submissions on the merits of the complaint – the complainant organisation makes written responses; a public hearing may take place Decision on the merits of the complaint (ie. violation or non-violation)
Follow-up: The State is asked to notify the Committee of Ministers of measures taken/planned to remedy the situation Resolution (or Recommendation) of the Committee of Ministers

6. Collective complaints procedure – overview (4)
Role of INGOs/social partners
in the collective complaints procedure
Collective complaints procedure – overview (4)
The Committee has adopted decisions on the merits of complaints which concern a wide variety of issues, including:
the right to a pension/social security in periods of austerity
the right to organise and the right to strike
the rights of persons with disabilities
the rights of Roma
the right to assistance and shelter for migrants
the rights on access to abortion
and many other issues

7. Seminar on the collective complaints procedure,
Role of INGOs/social partners
in the collective complaints procedure
Seminar on the collective complaints procedure,
Belgrade, 25 October 2016 (1)
Representatives of the Serbian government, NGOs, trade unions and employers’ organisations
Member of the European Committee of Social Rights (ECSR)
Representatives of INGOs with practical knowledge of the collective complaints procedure:
Caritas Europe: a non-profit organisation committed to fighting poverty and social exclusion - advocating policy changes
Advocacy Centre on Council of Europe Standards (ACCESS)
Defence for Children (DCI), European Federation of National Organisations Working with the Homeless (FEANTSA), Confederation of European Churches (CEC)
(lawyer with experience of complaints)

8. Seminar on the collective complaints procedure,
Role of INGOs/social partners
in the collective complaints procedure
Seminar on the collective complaints procedure,
Belgrade, 25 October 2016 (2)
Presentations on NGOs/social partners’ role in the procedure:
NGOs and social partners can submit written observations – this is not conditional on participatory status with the INGO Conference
If a hearing is requested by either of the parties to the complaint, NGOs and social partners that have submitted such observations can be invited to take part in the hearing
They also have an important role to play after the adoption of the decision by the ECSR by encouraging the state to implement relevant measures / monitor the situation / raise awareness

9. Seminar on the collective complaints procedure
Role of INGOs/social partners
in the collective complaints procedure
Seminar on the collective complaints procedure
Belgrade, 25 October 2016 (3)
Information was given on the public hearing in Strasbourg, 20 October under the collective complaints procedure (Complaint No. 111/2014, Greek General Confederation of Labour (GSEE) v. Greece) held at the request of the GSEE
The complaint alleges that some laws enacted in Greece as part of austerity measures affect the workers’ rights in a manner that is contrary to the Charter - related to :
the right to work, just conditions of work, fair remuneration, protection of children/young persons and taking part in the determination and improvement of working conditions and working environment

10. Seminar on the collective complaints procedure
Role of INGOs/social partners
in the collective complaints procedure
Seminar on the collective complaints procedure
Belgrade, 25 October 2016 (4)
Further information provided on the public hearing in Strasbourg, 20 October 2016 under the collective complaints procedure (Complaint No. 111/2014, Greek General Confederation of Labour (GSEE) v. Greece):
Observations submitted as third parties by International Organisation of Employers (IOE) and European Confederation of Trade Unions (ETUC)
The Greek Minister for Labour, social security and social solidarity participated in the hearing
The Government of Greece affirmed its commitment to the respect of Greece’s international obligations and to the protection of social rights

11. Seminar on the collective complaints procedure,
Role of INGOs/social partners
in the collective complaints procedure
Seminar on the collective complaints procedure,
Belgrade, 25 October 2016 (5)
Presentation by the Manager of the Social Inclusion and Poverty Reduction Unit, Government of Serbia:
Provided data on poverty / unemployment reflecting difficulties in the current economic climate
Stressed the importance of reducing inequalities and the need to protect the most vulnerable categories of society
Demonstrated ways in which the Charter has helped Serbia to achieve normative successes
Highlighted the role of the collective complaints procedure as a partner to civil society

12. Seminar on the collective complaints procedure,
Role of INGOs/social partners
in the collective complaints procedure
Seminar on the collective complaints procedure,
Belgrade, 25 October 2016 (6)
Some examples of collective complaints and positive outcomes were presented:
FIDH v. France (N° 14/2003) - the right to medical assistance of children of undocumented migrants;
Interights v. Croatia (N° 45/2007) – withdrawal from the educational system of a textbook containing discriminatory statements on the grounds of sexual orientation;
European Roma Rights Centre v. Bulgaria (N° 48/2008) – Social Security Act amended in order not to suspend access to unemployment benefits for people in precarious situations

13. Seminar on the collective complaints procedure,
Role of INGOs/social partners
in the collective complaints procedure
Seminar on the collective complaints procedure,
Belgrade, 25 October 2016 (7)
Defence for Children International (DCI) v. the Netherlands (N° 47/2008) – the complaint concerned the provision of adequate shelter to children in an irregular situation in the territory (Article 31 of the Charter: the right to housing)
The particularly vulnerable situation of children was of importance and the complaint raised public awareness, linked to a campaign on housing. The Netherlands took the necessary measures to bring the situation into conformity.

14. Seminar on the collective complaints procedure,
Role of INGOs/social partners
in the collective complaints procedure
Seminar on the collective complaints procedure,
Belgrade, 25 October 2016 (8)
Presentations underlined positive aspects of the procedure:
Absence of requirements of exhaustion of remedies – as with the ECHR
No compensation involved – cost-saving approach
Relative rapidity for admissibility and merits phases
Therefore, less time spent and fewer resources required
No need for an individual victim

15. Conclusion: Strengthening stability, growth and democracy
Role of INGOs/social partners
in the collective complaints procedure
Conclusion: Strengthening stability, growth and democracy
through the collective complaints procedure (1)
The procedure is based on a collaborative approach;
Focus on constructive dialogue with INGOs, NGOs, social partners and the State, based on cooperation
It provides opportunities for INGOs, NGOs and social partners to contribute to interpreting applicability of the Charter
They also have a critical role to play for the development of social policies

16. Conclusion: Strengthening stability, growth and democracy
Role of INGOs/social partners
in the collective complaints procedure
Conclusion: Strengthening stability, growth and democracy
through the collective complaints procedure (2)
The procedure is not a condemnation-oriented system
A change of policy/law/practice at the time of the decision on the merits will be taken into consideration and may avoid a negative decision
The procedure has increased visibility and impact of the Charter, at the national and international level

17. Conclusion: Strengthening stability, growth and democracy
Role of INGOs/social partners
in the collective complaints procedure
Conclusion: Strengthening stability, growth and democracy
through the collective complaints procedure (3)
Given its collective nature, a complaint before the European Committee of Social Rights is likely to reduce the number of applications before the European Court of Human Rights
The procedure is complementary to the reporting system under the European Social Charter
It provides an international tool to improve legislation or practice
Civil society is directly involved in ensuring respect for social rights

18. Conclusion: Strengthening stability, growth and democracy
Role of INGOs/social partners
in the collective complaints procedure
Conclusion: Strengthening stability, growth and democracy
through the collective complaints procedure (4)
The procedure enables solutions to be found to problems, involving all actors through dialogue
It contributes to the avoidance of social conflicts and polarisation
It improves the implementation of social and economic rights guaranteed by the European Social Charter, a key objective of the Turin process
It leads to better decisions, contributes to stability, social and economic growth, and strengthens democracy

19. Thank you for your attention
Role of INGOs/social partners
in the collective complaints procedure
Thank you for your attention
Sheila Hirschinger
Coordinator of MISSCEO
Bratislava, MISSOC meeting, 11 November 2016